https://sleepyhollow.localarchives.org/files/original/b24af55085ab7434fd997af6807215fd.pdf 0d3ec900c745e1617528c182468f68bb PDF Text Text ZONING BOARD MEETING FEBRUARY 13, 1986 Present: Mr. Mr. Mr. Mr. Mr. Mr. John Arcate, Chairman Edward Swaby Frank Paolantonio Martin Ruane Aldo Ceconi James Margotta, Building Inspector Mr. Arcate opened the hearing at 8:10 p.m. and advised those in attendance that they were welcome to address the Board. Mr. Michael Weinstein, Attorney representing Mr. Jose DaSilva, introduced himself and advised the Board that the house in question, located at 104 Rice Avenue and owned by Mr. Jose DaSilva, was constructed as a three family residence and Mr. DaSilva now wishes to receive a variance to return it to a three family dwelling. This house was never structurally changed and there is no internal access from one apartment to another. The previous owner removed the sink and the stove from the kitchen in the third floor apartment but the water and gas supply pipes were never removed. Mr. DaSilva now wishes to install a sink and a stove and refurbish the kitchen so that he can;rent the third floor apartment. Mr. Carmen Capossela, 100 Rice Avenue, addressed the Board stating that the Fire Department is concerned about the excessive number of automobiles that are parked on Rice Avenue and the difficulty that the fire trucks have turning into and out of the street. He pointed out that two new houses in the area have multiple garages and driveway spaces; also, that if Mr. DaSilva receives permission to have a third floor apartmnet in his house, it will add to the many three family houses already in Webber Park. Mr. Capossela strongly expressed the view that this house should be kept as a two family house. Grace Malandrino of 104 Gordon Avenue said that she had no objection to Mr. DaSilva having a third floor apartment and stated that she thought two small apartments would result in fewer cars to be; parked than one large apartment. She also pointed out that she felt Mr. DaSilva had improved his property and that he should be allowed to go ahead with his plans. A letter was read from Marie and James Timmings, 119 Rice Avenue, stating their strong objection to the granting of a variance for a third floor apartment in Mr. DaSilva's house. Mr. Mario DiFelice, 35 Gory Brook Road, questioned whether this house was ever conforming? Mr. Margotta advised him that when the house was built, it was conforming; then the Zoning was changed and the area became a two family zone. The previous owner reverted the house to two family thereby making it a conforming residence. Mr. Weinstein then explained further that Mr. DaSilva purchased this house with the understanding that approval could be obtained to use the house as a three family dwelling. When he discovered that the Building Inspector would not allow him to do this, he went to the Zoning Board for �-2a variance. (The Building Inspector denied his application based on the Code which states that any nonconforming use which falls out of use for twelve months reverts to a conforming use). The Board was advised by Mr. Capossela that Mr. DaSilva was conducting a business in the basement and Mr. Margotta replied that he knew this and has given Mr. DaSilva sixty (60) days to shut down the operation. There were two employees working in the house and the DaSilvas were advised that they cannot employ anyone to work in their house. Mr. Capossela said that if there are industrial machines in the house, the Fire Department must inspect it. Mr. Weinstein informed the Board that the DaSilvas did not know they were in violation when they began their business. Mr. Weinstein concluded by stating that since this house was constructed as a three family house he was asking for a variance; he informed the Board that he felt that the concern about increased traffic and that another apartment would cause additional traffic and parking problems was not persuasive. Mr. Aldo Ceconi emphasized that only two family homes were allowed in this area and therefore the burden of proof is why this house should not remain two family. Mr. DaSilva was reminded that he should have checked on the possibility of obtaining a variance before he purchased the house. To emphasize this point, Mr. Arcate stated that the Code addresses "use" not "type of structure", therefore, when the house was not used as a three family house for a year, it reverted to a conforming use, i.e. two family. Mr. Arcate reminded Mr. DaSilva and his attorney that there have to be very substantial reasons for granting a variance, not reasons for denying a variance and that they should have clarified what the Code stipulated before purchasing the house. It was pointed out by Mr. Weinstein that the DaSilvas were under great hardship at this time and would not be able to keep the house if they could not rent the third floor. Mr. Weinstein felt that this was a substantial reason for granting a variance and the fact that Mr. DaSilva did not anticipate a problem before he purchased the house. Upon a question from Mr. Swaby, Mr. Weinstein informed him that the DaSilvas purchased the house approximately a year and a half ago. Hearing closed at 8:45 p.m. Business meeting followed. BUSINESS MEETING Mr. Arcate polled the Board for their views on this application. Mr. Swaby felt that any hardship has been self-imposed and that it is not the concern of the Zoning Board. Mr. Ruane questioned how many parking spaces are allowed per family. Mr. Margotta said that two spaces are allowed for two families; three*spaces for four families or 1% spaces for two or more families. Mr. Ruane felt that it would be improper to grant a variance for a three family.house in a two family zone under these circumstances. Mr. Cecorii pointed out that there are other houses in the area which do not conform but those three family houses predate the Code and have not fallen into disuse for twelve months. �-3Mr. Swaby felt that any hardship must be substantiated; Mr. Weinstein disagreed. • Mr. Arcate stated that Mr. DaSilva had received the wrong impression and should have applied for a variance before purchase. He pointed out that the code addresses the use of the property, not the individual buyer; also that often prospective buyers inquire about the need for a variance before they proceed with their plans to purchase property. There was no further discussion. Mr. Arcate asked the Board members if they felt the Building Inspector's decision should be affirmed or overruled. Mr. Swaby made a motion, seconded by Mr. Ruane, to affirm the Building Inspector's decision; motion was unanimously approved. Citation for decision was based on 62-40C and 62-2 of the Code. Hearing closed at 8:55 p.m. Respectfully submitted, Marie Timmings Acting clerk ••.-Ki.'ATWPrft- - : ^.lii^i J=i%ii^iis^ � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Zoning Board Minutes & Resolutions-1986 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_ZONING_1986-02-13 Subject The topic of the resource Zoning Board Minutes & Resolutions-1986 Date A point or period of time associated with an event in the lifecycle of the resource 1986 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text